Kouklidis v Bayside Council [2020] NSWLEC 1413

Land and Environment Court New South Wales

Medium Neutral Citation: Kouklidis v Bayside Council [2020] NSWLEC 1413 Hearing dates: Conciliation conference on 11 and 12 August 2020 Date of orders: 08 September 2020 Decision date: 08 September 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is given leave to amend the Development Application DA 2019/103 to rely on the amended architectural plans and documents referred to in the Table at condition 2 of the conditions of consent at Annexure A. (2) The appeal is upheld. (3) Consent is granted to Development Application DA 2019/103 subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – residential development – demolition – strata subdivision – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Local Land Services Act 2013 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy 55— Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Strata Schemes Development Act 2015 Texts Cited: Rockdale Development Control Plan 2011 Category: Principal judgment Parties: Paul Kouklidis (First Applicant) Melissa Kouklidis (Second Applicant) Bayside Council (Respondent) Representation: Counsel: C Ireland (Applicants) J Cole (Solicitor) (Respondent)